ORDER :

This notice of motion is taken out in a copyright infringement suit.

The Plaintiff claims to be holder of world negative rights, i.e. picture and sound and all copyrights / Intellectual Property Rights in respect of a cinematographic film in Malayalam language titled “Chakkikotha Chankaran”. The film was released sometime in 1989. The Plaintiff claims to have entered into a production agreement with one M/s.Walkwater Media Ltd. in order to remake the Malayalam film into Hindi language. The grievance of the Plaintiff is that the Punjabi cinematographic film titled “Carry on Jatta”, which was released in Punjabi in or about September / October 2012, is an unauthorized copy and / or remake of the original story of “Chakkikotha Chankaran”. On 1 October 2012 and 12 December 2012, the Plaintiff filed a complaint with South Indian Film Chamber of Commerce, which forwarded the complaint to Film Federation of India. This was followed up by the Plaintiffs also with complaints to Indian Motion Pictures Producers Association (“IMPPA”) on 9 January 2013 and 11 March 2013. Around March 2014, a public notice was issued by an advocate on behalf of clients claiming acquisition of rights over